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FATA Faces FATA Voices

Link: http://bit.ly/fatareport | Reports and Photographs from the Federally Administered Tribal Areas (FATA) in Pakistan. Published in November 2014, the report features photos taken by young photographers from FATA, examples of everyday life in Mohmand, Khyber, Kurram and South Waziristan agencies. Images of the iconic Khyber Pass and many towns along the border with Afghanistan lend a real-life dimension to this largely unknown, and often ignored or misrepresented region of Pakistan. In a part of the world where photography is uncommon, these photographs depict subtle interactions of FATA citizens at work, at school and during informal moments throughout the tribal areas. The report text, entitled "The Struggle for Rights and Reforms in Pakistan's Tribal Areas" describes the history and trajectory of reform demands made by Pakistani citizens, civil society groups and the people of FATA. Also included are quotes from citizens and political leaders, collected to show opinions and visions for the future of FATA. Voices included demonstrate a strong desire for equal rights and equal participation in the context of Pakistan's evolving democracy. For those who know the tribal areas well, this report may serve as a reminder of the great number of Pakistanis working for a brighter future for FATA. For those previously not aware of the political activities in FATA, the report may provide a new and unique glimpse at the diverse richness of the culture and people in Pakistan's tribal areas. The 75 photographs were carefully selected from over 1,000 that were submitted for review. All are from young photographers between the ages of 17 and 30, from varied socio-economic backgrounds in FATA. Without their efforts and talent, the report would not have been possible. Many thanks to the photographers--and those featured in their work--for the privilege of sharing these images and the stories they tell. Photographers: Alimgir Khan, Ammad Ahmed Khan, Azmatullah, Faryal Mohmmand, Faisal Khan, Huma Gul, Irfan Ali, Jebran Yousefzia, Rizwan Bhittani, Rohida, Saba Rehman, Sara Qayum, Seema Gul and Shah Jehan.

Link: http://bit.ly/fatareport | Reports and Photographs from the Federally Administered Tribal Areas (FATA) in Pakistan.

Published in November 2014, the report features photos taken by young photographers from FATA, examples of everyday life in Mohmand, Khyber, Kurram and South Waziristan agencies. Images of the iconic Khyber Pass and many towns along the border with Afghanistan lend a real-life dimension to this largely unknown, and often ignored or misrepresented region of Pakistan. In a part of the world where photography is uncommon, these photographs depict subtle interactions of FATA citizens at work, at school and during informal moments throughout the tribal areas.

The report text, entitled "The Struggle for Rights and Reforms in Pakistan's Tribal Areas" describes the history and trajectory of reform demands made by Pakistani citizens, civil society groups and the people of FATA. Also included are quotes from citizens and political leaders, collected to show opinions and visions for the future of FATA. Voices included demonstrate a strong desire for equal rights and equal participation in the context of Pakistan's evolving democracy.

For those who know the tribal areas well, this report may serve as a reminder of the great number of Pakistanis working for a brighter future for FATA. For those previously not aware of the political activities in FATA, the report may provide a new and unique glimpse at the diverse richness of the culture and people in Pakistan's tribal areas.

The 75 photographs were carefully selected from over 1,000 that were submitted for review. All are from young photographers between the ages of 17 and 30, from varied socio-economic backgrounds in FATA. Without their efforts and talent, the report would not have been possible. Many thanks to the photographers--and those featured in their work--for the privilege of sharing these images and the stories they tell.

Photographers: Alimgir Khan, Ammad Ahmed Khan, Azmatullah, Faryal Mohmmand, Faisal Khan, Huma Gul, Irfan Ali, Jebran Yousefzia, Rizwan Bhittani, Rohida, Saba Rehman, Sara Qayum, Seema Gul and Shah Jehan.

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DEDICATED TO THE PEOPLE OF <strong>FATA</strong>


THE STRUGGLE FOR RIGHTS AND REFORMS<br />

IN PAKISTAN’S TRIBAL AREAS<br />

Shackled for more than one hundred years under an outdated British law,<br />

the Federally Administered Tribal Areas (<strong>FATA</strong>) of Pakistan has been<br />

plagued by instability extending well beyond its colonial-era border with<br />

Afghanistan.<br />

Excluded from essential provisions of the Constitution of the Islamic Republic of<br />

Pakistan, the tribal areas are administered through a legal and administrative<br />

regulation known as the Frontier Crimes Regulation (FCR), originally imposed in<br />

1901. No act of the Parliament of Pakistan applies to <strong>FATA</strong> unless extended by<br />

special orders from the President of Pakistan. Furthermore and despite the<br />

continuous struggle of the people there, <strong>FATA</strong> enjoys no elected representation<br />

at local or provincial levels, and until 1996 tribal citizens had no universal voting<br />

rights in elections for the National Assembly of Pakistan.<br />

The FCR was originally enacted by British authorities in an attempt to control<br />

Pashtun tribes on the northwest frontier of British India. The provisions of the<br />

regulation provided sweeping and arbitrary powers to political agents (the<br />

administrative head of the each agency and agent of the President of Pakistan)<br />

to arrest members of a whole tribe, demolish their homes, blockade them, close<br />

their businesses and confiscate their property to enforce compliance with<br />

government interests. While the FCR was abolished in Pakistan’s Northwest<br />

Frontier Province (NWFP, now Khyber Pakhtunkhwa) in 1956, it remains in force<br />

in <strong>FATA</strong> still today.<br />

For the last three decades, the people of <strong>FATA</strong> have seen their land and<br />

associations exploited for strategic gain. First during the Afghan jihad and later<br />

during Taliban and post-Taliban periods in Afghanistan, the people of <strong>FATA</strong> have<br />

been an unwilling host to government forces as well as militants from around the<br />

world. This occupation has severely limited the sovereignty and equality of tribal<br />

citizens, enabled a prosperous and corrupt war economy in <strong>FATA</strong>, empowered<br />

militants and decreased space for democratic voices.<br />

In efforts to combat the governance vacuum and democratic deficit facing<br />

tribal citizens, mainstream political parties in Pakistan have united to<br />

demand that the people of <strong>FATA</strong> be provided the same constitutional rights<br />

enjoyed by other Pakistani citizens.


In 2010, mainstream political parties formed the Political Parties Joint<br />

Committee on <strong>FATA</strong> Reforms (known as the <strong>FATA</strong> Committee) to demonstrate a<br />

shared commitment to progress and prosperity in <strong>FATA</strong>, promote debate and call<br />

for the implementation of reforms in the tribal areas. For years, the <strong>FATA</strong><br />

Committee and other stakeholders have worked to build consensus and<br />

pressure government.<br />

Following government pressure by this multi-party advocacy effort, President<br />

Asif Ali Zardari enacted a <strong>FATA</strong> reforms package in August 2011, including<br />

removing the ban on political party participation in tribal elections, making<br />

significant amendments to the FCR and increasing development activities in<br />

<strong>FATA</strong>. Although implementation of some 2011 reforms has been inconsistent,<br />

the changes have helped to create an enabling environment for democratic<br />

actors in <strong>FATA</strong>. In 2014, the ten political parties on the <strong>FATA</strong> Committee along<br />

with other tribal political leaders and civil society activists continue to push for<br />

further reforms for <strong>FATA</strong>, including peace and development, the introduction of a<br />

local government system, separation of judicial and executive powers, extension<br />

of the superior judiciary’s jurisdiction, and a constitutional amendment to<br />

guarantee fundamental rights and authentic legislative representation for <strong>FATA</strong><br />

citizens.<br />

As is demonstrated throughout this report, government institutions, political<br />

parties and civil society in Pakistan indicate widespread consensus on the need<br />

for new and more comprehensive reforms for <strong>FATA</strong>. In recent months for<br />

example, President of Pakistan Mamnoon Hussain said that government is<br />

committed to reforms to help the people of <strong>FATA</strong>¹ and that all possible measures<br />

would be taken to bring <strong>FATA</strong> into the mainstream². Given the powerful actors<br />

involved in making decisions regarding the strategically significant tribal areas,<br />

popular support and strong political will is needed to implement the longstanding<br />

reform demands of both people in <strong>FATA</strong> as well as patriotic Pakistanis across the<br />

country.<br />

THE BIRTH OF <strong>FATA</strong><br />

The Federally Administered Tribal Areas (<strong>FATA</strong>) of Pakistan owes its existence to<br />

the struggle between the British and Russian empires for supremacy in Central<br />

Asia. To protect India from Russian influence in Central Asia, the British<br />

considered Afghanistan as a trump card in the geopolitical battle commonly<br />

referred to as the “Great Game”.³ British policymakers were divided on how to<br />

bring Afghanistan under their sphere of influence. War hawks advocated a<br />

“forward policy” strategy while others argued for the creation of a buffer zone to<br />

combat the Russian advance into South Asia.<br />

<strong>FATA</strong> is today comprised of thirteen administrative districts, including<br />

seven primary “agencies” and six “frontier regions”. From north to south,<br />

the agencies are Bajaur, Mohmand, Khyber, Orakzai, Kurram, North<br />

Waziristan and South Waziristan. The frontier regions (FRs) are FR<br />

Peshawar, FR Kohat, FR Bannu, FR Lakki Marwat, FR Tank and FR Dera<br />

Ismail Khan.


Despite Major General Sir Henry Creswicke Rawlinson’s arguments in favour of<br />

physical occupation of Afghanistan’s power-center in Kandahar, the “forward<br />

policy” was rejected in favour of the less ambitious strategy of a closed-door<br />

policy towards Afghanistan. The strategy stipulated that – in return for subsidies<br />

– Afghanistan would become a buffer to curtail Russian influence. Subsequently,<br />

the Pakistan-Afghanistan border agreement of 1893, known as the Durand Line<br />

Agreement,4 between British India and the Afghan Amir (ruler) instigated a tribal<br />

uprising in 1897 during which tribes from Malakand to Waziristan attacked<br />

British forces.<br />

In 1901, due to strong Pashtun resistance to British subjugation, authorities<br />

separated Pashtun-populated areas from Punjab Province on the other side of<br />

the Indus River. As a result, an additional buffer area was created in 1901 and<br />

named the Northwest Frontier Province (NWFP, later renamed Khyber<br />

Pakhtunkhwa), including the “settled areas” inside today’s provincial borders as<br />

well as the adjacent tribal areas of <strong>FATA</strong>.<br />

The creation of NWFP and the adjoining tribal areas was designed to rein<br />

in and control Pashtun tribes.<br />

To achieve this objective, the British devised a “carrot and stick” policy by<br />

providing financial rewards to friendly tribal chiefs (maliks) and punishing<br />

non-cooperative behaviour through strict application of a new legal and<br />

administrative regime known as the Frontier Crimes Regulation (FCR).<br />

PASHTUN REFORM MOVEMENTS<br />

Application of the FCR to NWFP and the tribal areas gave birth to a new class of<br />

Pashtun reformers. This new face of Pashtun resistance was informed by<br />

contributions made by missionary schools in Peshawar, exposure to modern<br />

influences in the British Indian Army, and an educational reform movement<br />

known as Tehrik-e-Dar-ul-Uloom-e-Islamia (the Islamia College Movement) in<br />

1913. The latter was also inspired by the Aligarh education movement of Muslim<br />

scholar Sir Syed Ahmad Khan, who stressed reform through the acquisition of<br />

modern education by Muslims from India.<br />

Another Pashtun reform movement was spearheaded in 1916 by Abdul Ghaffar<br />

Khan, better known as Baacha Khan, and to the Indians as the “Frontier Gandhi”.<br />

The Baacha Khan social reform movement gradually transformed into a political<br />

movement known as the Khudai Khidmatgar Movement (Servants of God<br />

Movement) and later aligned with the All India National Congress in 1930.<br />

Pashtun reformers opposed the FCR and other British policies restricting<br />

their political rights.⁵<br />

Although those aligned with the Khudai Khidmatgar Movement were able to form<br />

a government in NWFP following 1937 and 1946 elections, their inclination<br />

towards the Indian National Congress and opposition to the partition of India put<br />

them on the wrong side of history when the All India Muslim League<br />

spearheaded the creation of Pakistan. According to one account, Baacha Khan<br />

had agreed to the accession of NWFP to Pakistan on the condition (among<br />

others) that the tribal areas be officially merged with NWFP (now Khyber<br />

Pakhtunkhwa Province).6


Following the departure of the British and the creation of the new Islamic<br />

Republic of Pakistan in 1947, the FCR was repealed in NWFP in 1956 and in<br />

Malakand Agency in 1975. Quaid-e-Azam Mohammad Ali Jinnah had agreed to<br />

Baacha Khan’s proposal of integrating <strong>FATA</strong> with NWFP, but Jinnah asked that<br />

the tribes be convinced before such a merger.7<br />

MILITANTS AND FOREIGN INTERVENTION<br />

After the creation of <strong>FATA</strong> and following the Soviet intervention in Afghanistan in<br />

1979, Pakistan’s strategic considerations in <strong>FATA</strong> were supported by black<br />

market and drug traffickers, some civil servants, and a minority of tribesmen with<br />

stakes in maintaining the status quo. As these forces stifled voices for reform in<br />

<strong>FATA</strong>, the Soviet intervention set the stage for another period of proxy wars in the<br />

region. Initial local resistance to the Soviet presence transformed the region into<br />

a theatre of war impacting Pashtun society as well as global developments.<br />

The Afghan resistance attracted jihadis (holy warriors) from around the world<br />

and <strong>FATA</strong> was used for sanctuary and transit of weapons and fighters to infiltrate<br />

Afghanistan and attack Soviet and Afghan troops. The terrorist attacks of<br />

September 11, 2001 and the subsequent American-led intervention to topple the<br />

Taliban in Afghanistan further aggravated the situation and transformed <strong>FATA</strong><br />

into an international flashpoint. The basic foundation of tribal society was<br />

transformed as militant groups took advantage of the vacuum by targeting<br />

traditional tribal maliks, political leaders and progressive democratic actors in the<br />

tribal areas.<br />

THE FRONTIER CRIMES REGULATION<br />

First implemented in 1901, the FCR is an instrument of control, which violates<br />

modern principles and systems of justice. Prior to the 2011 amendments a<br />

political agent could imprison tribesmen for as long as he wished, even if only on<br />

suspicion of non-conformist behavior. In addition, political agents have the power<br />

to imprison most members of a tribe for the offence of one of its members, order<br />

houses demolished or burned, confiscate their property, close their businesses<br />

and order blockades against hostile tribes. Prior to 2011 amendments, the FCR<br />

did not distinguish between male, female and child offenders and still does not<br />

provide any right to counsel to the accused.<br />

Among other changes, 2011 amendments to the Frontier Crimes<br />

Regulation (FCR) prohibit authorities from arresting women and children<br />

and provide small gains in terms of the right to appeal judicial decisions<br />

of administration officials.<br />

In clear opposition to the international governance standard regarding the<br />

separation of powers, the federal government maintains legislative, executive<br />

and judicial control over <strong>FATA</strong>, denying both the Pakistani judicial system and the<br />

Parliament of Pakistan any jurisdiction in the tribal areas. At the local level,<br />

political agents are empowered by the FCR to exercise the combined powers of<br />

police, prosecution, judge and election administration all in one office.


<strong>FATA</strong> REFORM HISTORY<br />

TIMELINE OF POLITICAL AND LEGAL REFORM FOR<br />

PAKISTAN’S TRIBAL AREAS<br />

Annexation of <strong>FATA</strong> with British India<br />

Tribes on Pakistan-Afghanistan<br />

border attack British forces<br />

Tehrik-e-Dar-ul-Uloom-e-Islami<br />

(Islamia College Movement) began<br />

Islamic Republic of<br />

Pakistan established<br />

New Constitution of the Islamic<br />

Republic of Pakistan<br />

FCR abolished in Malakand Agency<br />

and Balochistan (remained in force<br />

in <strong>FATA</strong>)<br />

General Pervez Musharraf creates<br />

National Reconstruction Bureau,<br />

including an agenda for <strong>FATA</strong> reform<br />

General Musharraf enacts<br />

local government system in<br />

<strong>FATA</strong> (later repealed)<br />

1848 1897 1913 1947 1962 1975<br />

1999<br />

2002<br />

1893 1901 1916<br />

1956 1973<br />

1996<br />

2000<br />

First Constitution of the Islamic<br />

Republic of Pakistan<br />

New Constitution of the Islamic<br />

Republic of Pakistan<br />

Adult franchise granted to <strong>FATA</strong><br />

General Musharraf establishes<br />

<strong>FATA</strong> Reforms Committee<br />

recommending <strong>FATA</strong> province,<br />

<strong>FATA</strong> council, and representation<br />

in NWFP Provincial Assembly<br />

Durand Line Agreement signed<br />

FCR abolished in Northwest<br />

Frontier Province (NWFP,<br />

remained in force in <strong>FATA</strong>)<br />

Khudai Khidmatgar Movement<br />

(Servants of God Movement) began<br />

Frontier Crimes Regulation (FCR) enacted


FCR Reforms Committee<br />

established, Chairman Justice<br />

Mian Ajmal<br />

Benazir Bhutto petitions<br />

Supreme Court for extension of<br />

Political Parties Order to <strong>FATA</strong><br />

President Asif Ali Zardari<br />

announces future <strong>FATA</strong> reforms<br />

Shaheed Bhutto Foundation (SBF)<br />

conferences with leaders<br />

throughout <strong>FATA</strong> on mainstreaming<br />

President Zardari enacts FCR<br />

amendments and Political<br />

Parties Order extension to <strong>FATA</strong><br />

Peshawar High Court refers<br />

Article 247 of Constitution to<br />

Government for amendment<br />

Minister for States and Frontier<br />

Regions Lt. General (Retd.)<br />

Abdul Qadir Baloch announces<br />

support for <strong>FATA</strong> mainstreaming<br />

and future reforms<br />

Former Khyber Pakhtunkhwa<br />

Governor Engineer Shaukatullah<br />

Khan calls for new local<br />

government system and <strong>FATA</strong><br />

political mainstreaming<br />

Khyber Pakhtunkwa Governor<br />

Sardar Mehtab Ahmed Kahn<br />

establishes <strong>FATA</strong> Reforms<br />

Commission, Chairman<br />

Ejaz Qureshi<br />

2005<br />

2007<br />

2009<br />

2011<br />

2014<br />

2004<br />

2006<br />

2008<br />

2010<br />

2012<br />

2013<br />

<strong>FATA</strong> Grand Assembly approves<br />

19-point Citizens’ Declaration for <strong>FATA</strong><br />

Reforms (<strong>FATA</strong> Declaration)<br />

<strong>FATA</strong> Secretariat established<br />

Human Rights Commission of<br />

Pakistan calls to abolish FCR in <strong>FATA</strong><br />

Prime Minister Yousaf Raza<br />

Gillani promises to abolish FCR<br />

Cabinet committee established<br />

to recommend FCR reforms,<br />

Chairman Farooq Naek<br />

<strong>FATA</strong> Secretariat announces<br />

draft <strong>FATA</strong> Local Government<br />

Regulation<br />

Political Parties Joint Committee<br />

on <strong>FATA</strong> Reforms (<strong>FATA</strong><br />

Committee) established with<br />

mainstream political parties<br />

First-ever political party-based<br />

elections held in <strong>FATA</strong><br />

<strong>FATA</strong> Lawyer’s Forum calls for<br />

extension of High Court and Supreme<br />

Court jurisdiction to <strong>FATA</strong><br />

Mian Nawaz Sharif promises during<br />

election campaign to bring <strong>FATA</strong> into<br />

political mainstream<br />

President Zardari receives <strong>FATA</strong> Declaration,<br />

announces future enactment of <strong>FATA</strong> Local<br />

Government Regulation and calls on new<br />

government to enact new reforms for <strong>FATA</strong><br />

<strong>FATA</strong> Committee announces consensus<br />

political party recommendations for further<br />

reform, including election reform, local<br />

government reform and 11-point constitutional,<br />

political and legal reforms for <strong>FATA</strong>


<strong>FATA</strong> ADMINISTRATIVE REFORM<br />

A special <strong>FATA</strong> cell in the NWFP Planning and Development Department was<br />

historically responsible for administrative decisions and development projects in<br />

<strong>FATA</strong>. In 2002, however, a new <strong>FATA</strong> Secretariat was created and upgraded in<br />

2006 as the <strong>FATA</strong> Civil Secretariat, headed by an Additional Chief Secretary,<br />

other secretaries and directors.8 The <strong>FATA</strong> Secretariat is a central administrative<br />

entity that manages the relationship between the President of Pakistan, the<br />

Khyber Pakhtunkhwa governor and the government officials responsible for<br />

implementation of administrative and judicial functions of the Frontier Crimes<br />

Regulation (FCR) at the local level in the tribal areas. While providing benefits in<br />

terms of streamlining administrative functions, the creation of the <strong>FATA</strong><br />

Secretariat also contributed to the centralization of power held by the federal<br />

government.<br />

THE RIGHT TO VOTE IN <strong>FATA</strong><br />

The struggle for full voting rights in <strong>FATA</strong> was spearheaded by democratic<br />

elements from within the tribal areas working together in a coalition called<br />

Tehrek-e-Itihad-e-Qabael (Movement of the Coalition of Tribes).<br />

Their struggle came to fruition when the government of Pakistan<br />

responded to their longstanding demand in 1996, providing voting rights<br />

to all adult citizens of Pakistan residing in <strong>FATA</strong>, thereby facilitating their<br />

participation in 1997 general elections.<br />

Before 1996 an electoral college of tribal chiefs loyal to the government voted for<br />

elected <strong>FATA</strong> representatives in the National Assembly of Pakistan.9 Selected by<br />

local agents of the President of Pakistan, members of the electoral college were<br />

provided regular government allowances called lungi. According to one estimate<br />

there were approximately 40,000 lungi-holders in <strong>FATA</strong> representing millions of<br />

voters prior to the introduction of adult franchise. Jinnah reportedly wanted legal<br />

and political reform in <strong>FATA</strong>, hoping that tribesmen would opt for alternatives in<br />

Pakistan that did not include dependence on the custom of British or government<br />

allowances as a source of income.10<br />

<strong>FATA</strong> CITIZENS FOR <strong>FATA</strong> REFORM<br />

Individuals and groups in the tribal areas, Pakistani civil society groups and<br />

international organizations have also pressed for legal and political reforms for<br />

<strong>FATA</strong>. While focusing on particular reform areas relevant to their organizational<br />

missions, most groups have agreed on the basic principles and reasons for<br />

reform and also call for people in <strong>FATA</strong> to be guaranteed equal rights with other<br />

Pakistani citizens.<br />

The <strong>FATA</strong> Lawyer’s Forum for example, has made repeated calls for amendment<br />

of Article 247 of the constitution to extent High Court and Supreme Court<br />

jurisdiction to <strong>FATA</strong> and guarantee fundamental rights and rule of law in the tribal<br />

areas.11 Likewise, the <strong>FATA</strong> Youth Forum has pushed for increased educational<br />

and employment opportunities for tribal students and young people while also<br />

demanding that their voices be included in government initiatives for <strong>FATA</strong>. In<br />

addition, the Tribal Union of Journalists (TUJ) and other local groups have made<br />

increasingly vocal recommendations for enhanced democratization in <strong>FATA</strong>.


In an effort to amplify the voices of <strong>FATA</strong> citizens, the Shaheed Bhutto<br />

Foundation (SBF) held a series of consultative workshops in 2008 with a<br />

wide-range of stakeholders in the tribal areas and facilitated a process to<br />

develop specific consensus recommendations for “defining, democratizing and<br />

developing” <strong>FATA</strong>. As a result of those workshops, a Mainstreaming <strong>FATA</strong> report<br />

was published, including recommended reforms for—among others—peace and<br />

development, the Jirga system, the role of political agents, and repeal or<br />

significant amendment of the Frontier Crimes Regulation to bring it at par with<br />

the constitution and human rights standards.12 Subsequently, in February 2009,<br />

President Asif Ali Zardari announced reforms for <strong>FATA</strong> in line with SBF<br />

recommendations. The president did not, however, notify or enact the changes<br />

until 2011 after additional pressure from political parties and others.<br />

Following enactment of a 2011 reforms package, SBF continued to work with<br />

<strong>FATA</strong> citizens at the grassroots level to arrive at consensus demands for further<br />

reforms. Including a diverse group of citizens, the Pakistani civil society<br />

organization established reform councils in all tribal agencies and frontier<br />

regions as well as with women and <strong>FATA</strong> students at universities in Khyber<br />

Pakhtunkhwa. After a series of individual reform council meetings, 300 tribal<br />

citizens came together in June 2013 as the <strong>FATA</strong> Grand Assembly to debate and<br />

ultimately approve the Citizens’ Declaration for <strong>FATA</strong> Reforms, or <strong>FATA</strong><br />

Declaration.<br />

According to media reports, the <strong>FATA</strong> Declaration asserts that “all<br />

tribesmen must be guaranteed the same fundamental rights enjoyed by<br />

other citizens of the country and guaranteed by the constitution”.13<br />

Following the <strong>FATA</strong> Grand Assembly and the announcement of the <strong>FATA</strong><br />

Declaration, the <strong>FATA</strong> Lawyer’s Forum (FLF) also began a push of their own for<br />

judicial reform in the tribal areas. Uniting the voices of all tribal lawyers, FLF held<br />

a conference on rule of law in <strong>FATA</strong> with Peshawar High Court Chief Justice Dost<br />

Muhammad Khan and drafted a resolution to be passed by the National<br />

Assembly outlining substantial legal reforms for <strong>FATA</strong>. The lawyers presented<br />

their reform demands to the President of Pakistan, the Supreme Court, <strong>FATA</strong><br />

members of the Senate and National Assembly, and the Khyber Pakhtunkhwa<br />

Provincial Assembly, and subsequently received vocal support from the<br />

Supreme Court Bar Association of Pakistan and political leaders throughout the<br />

tribal areas. The agenda advocated by the <strong>FATA</strong> lawyers includes:<br />

Human rights and fundamental rights of <strong>FATA</strong> citizens should be guaranteed;<br />

Removal of clauses three and seven of Article 247 of the constitution to<br />

extend the jurisdiction of the Supreme Court and High Court to <strong>FATA</strong>, and<br />

transfer legislative power from the President of Pakistan to the parliament;<br />

Separation of executive and judicial powers in <strong>FATA</strong>; and<br />

Members of the <strong>FATA</strong> Tribunal should be from the judiciary and not retired<br />

bureaucrats.<br />

<strong>FATA</strong> DECLARATION<br />

The <strong>FATA</strong> Grand Assembly, made up of tribal elders, religious clerics, political<br />

and social activists, students, women representatives, lawyers, journalists,<br />

teachers and other citizens from <strong>FATA</strong>, came together in June 2013 and adopted<br />

the Citizens’ Declaration for <strong>FATA</strong> Reforms by unanimous consent.


The full text of the declaration is as follows:<br />

“It is our consensus, as tribal citizens, that the amendments made to the<br />

Frontier Crimes Regulation (FCR) in 2011 are not being implemented in<br />

their true letter and spirit.<br />

While paying homage to the Honorable President of the Islamic Republic of<br />

Pakistan, who took notice of our miseries and enacted the <strong>FATA</strong> Reforms<br />

Package of 2011, we request the President to direct for urgent and<br />

comprehensive implementation of existing reforms.<br />

Furthermore, we unanimously propose the following immediate changes for<br />

further reforms in <strong>FATA</strong>:<br />

The Constitutional provisions regarding <strong>FATA</strong> need to be amended to the<br />

extent that <strong>FATA</strong> Parliamentarians could play a role or take part in the<br />

legislation for <strong>FATA</strong>. Furthermore, the constitution should be harmonized so<br />

as the fundamental rights enjoyed by the rest of country should be<br />

extendable to <strong>FATA</strong>;<br />

The status of <strong>FATA</strong> should be decided by its people;<br />

A <strong>FATA</strong> Council elected on adult franchised basis should be established in<br />

<strong>FATA</strong> which should be empowered to suggest to the President of Pakistan<br />

regarding the future of <strong>FATA</strong>;<br />

Local Governments should be established under <strong>FATA</strong> Local Governments<br />

Regulation 2002 (with some amendments, if needed) and the Jirga system<br />

should be made more democratic, effective and representative;<br />

The Political Administration should be accountable to elected<br />

representatives of Local Governments;<br />

There should be reserved seats for tribal women in the National Assembly<br />

and Senate, like in the rest of Pakistan;<br />

The Frontier Crimes Regulation (FCR) should either be substantially<br />

amended or annulled to recognize the fundamental rights of the people of<br />

<strong>FATA</strong>;<br />

There should be separation of judiciary and executive as in the whole of the<br />

country;<br />

The jurisdiction of the High Court and Supreme Court of Pakistan should be<br />

extended to <strong>FATA</strong>;<br />

The civil armed forces, such as Khasadar and levies, should be<br />

strengthened and reinforced and adequately armed;<br />

Promotion of education at the grassroots level is needed in all of <strong>FATA</strong>, while<br />

vocational training and skills development also need special attention.<br />

Separate universities for male and female students, colleges and technical<br />

institutes should be established on priority basis in <strong>FATA</strong>;<br />

No person, male or female, should be deprived of property without due<br />

compensation, and the law of inheritance should be extended to <strong>FATA</strong>;<br />

Fully operational Hospitals equipped with adequate facilities and<br />

experienced staff should be established in every Agency and FRs of <strong>FATA</strong>.<br />

The hospitals should also have well-equipped trauma centers. Women’s and<br />

children’s hospitals also need to be established so that female and child<br />

mortality rates can be decreased significantly;


In 2012, tribal citizens formed <strong>FATA</strong> reforms councils in all agencies and frontier<br />

regions to debate reform priorities. In July 2013, 300 reform council members came<br />

together as the <strong>FATA</strong> Grand Assembly, approved the Citizens’ Declaration for <strong>FATA</strong><br />

Reforms and presented 19 reforms demands to outgoing President of Pakistan Asif Ali<br />

Zardari and the newly elected PML-N government.<br />

21


Due attention should be accorded to a planned and phased program for<br />

infrastructure development in <strong>FATA</strong>;<br />

A comprehensive development package should be initiated which will help to<br />

bring prosperity and job opportunities for the people of <strong>FATA</strong> by exploiting<br />

natural and local resources;<br />

Press and Publication ordinance and PEMRA ordinance should be extended<br />

to <strong>FATA</strong>;<br />

Actions in Aid of Civil Power Regulation 2011 should be abolished<br />

immediately;<br />

Reserved seats for <strong>FATA</strong> and FANA should be separated; and<br />

Imposition of General Sales Tax (GST) in Budget 2013-14 on <strong>FATA</strong> is<br />

unanimously rejected and demanded of government to take its decision<br />

back immediately.<br />

Special Note: The participants of the <strong>FATA</strong> Grand Assembly strongly demand the<br />

restoration of peace in <strong>FATA</strong> by the government and other concerned<br />

authorities.”<br />

CHALLENGES TO THE FRONTIER CRIMES<br />

REGULATION<br />

According to the independent Human Rights Commission of Pakistan (HRCP),<br />

both international human rights norms and fundamental rights guaranteed in the<br />

Constitution of Pakistan are violated by the Frontier Crimes Regulation (FCR).<br />

HRCP held a series of consultations in <strong>FATA</strong> with the Tribal Reforms and<br />

Development Forum (based in Khyber Agency) which led to the publication of a<br />

2004 report entitled FCR: A Bad Law Nobody Can Defend.<br />

In the report, HRCP recommended total repeal of the FCR due to its<br />

violation of the Universal Declaration of Human Rights, the fundamental<br />

rights enshrined in the Constitution of Pakistan, and based on a series of<br />

judgements against the regulation made by the superior judiciary of<br />

Pakistan.14<br />

Since the first Constitution of Pakistan in 1956, the FCR has also come under<br />

constant judicial review.15 Several provisions of the regulation have been<br />

declared by the superior judiciary to be void and inconsistent with fundamental<br />

rights. In the 1954 Sumunder v. State case, for example, FCR proceedings were<br />

referred to by Justice A. R. Cornelius as "obnoxious to all recognised modern<br />

principles governing the dispensation of justice".16<br />

Articles 8 to 28 of the Constitution of Pakistan describe the fundamental rights<br />

guaranteed to citizens of Pakistan. Accordingly, any law is to be void if it is<br />

inconsistent with the fundamental rights enshrined in the constitution.17 The<br />

fundamental rights enshrined in the constitution include, but are not limited to the<br />

right to personal security, the right of the accused to counsel and to be heard in<br />

a fair trial, the right to engage in lawful business activities, the right to<br />

information, the right to education, protection of property rights, freedom of<br />

movement, freedom of association, freedom of religion, freedom of speech,<br />

non-discrimination and equality of all citizens.


Despite these constitutional guarantees and numerous challenges before the<br />

superior judiciary in Pakistan, the equality of <strong>FATA</strong> citizens is denied elsewhere<br />

in the constitution. Article 247 explicitly states that no act of parliament is<br />

applicable to <strong>FATA</strong> unless approved by the President of Pakistan. Article 247<br />

also states that neither the Supreme Court nor any High Court may exercise any<br />

jurisdiction related to the tribal areas.<br />

INTERNATIONAL PRESSURE<br />

FOR <strong>FATA</strong> REFORM<br />

Political and legal reforms for <strong>FATA</strong> have been debated in national and<br />

international circles even before 2001. As the security situation escalates and<br />

the plight of the <strong>FATA</strong> people becomes more severe, many have pointed to<br />

human rights as well as security concerns as repeated calls have been made for<br />

abolition or amendment of the Frontier Crimes Regulation (FCR).<br />

In addition to concerns raised by domestic courts and organizations in<br />

Pakistan, Pakistan has come under increasing pressure from international<br />

groups working on related issues globally.<br />

The European Union (EU), the International Crises Group (ICG), Amnesty<br />

International, the Council on Foreign Relations18 and others have questioned<br />

Pakistani government rationale behind allowing the FCR to remain in force given<br />

that it denies basic human rights to the people of <strong>FATA</strong>.19 International actors<br />

have also called for abolition of the Actions in Aid of Civil Power Regulation.<br />

Enacted in 2011, this law gives sweeping and retrospective powers and<br />

protections to the Pakistani military when operating in <strong>FATA</strong>.<br />

In a 2006 ICG report on <strong>FATA</strong> for example, the organization recommends that<br />

the government of Pakistan mainstream the tribal areas and repeal all laws in<br />

<strong>FATA</strong> that are inconsistent with the fundamental rights guaranteed in Article 8 of<br />

the Constitution of Pakistan.20 Prior to the extension of the Political Parties Order<br />

to <strong>FATA</strong>, the 2008 EU Pakistan election observation mission reported that,<br />

“elections in <strong>FATA</strong> are held on a non-party basis, with the law preventing party<br />

candidates from running, campaigning or operating an office, in breach of the<br />

right to freedom of association (Universal Declaration of Human Rights, Article<br />

20)”. The 2013 EU mission went further, stating that, “further constitutional<br />

reforms be undertaken to enable <strong>FATA</strong> residents to enjoy fundamental political<br />

freedoms and civil rights as other citizens of Pakistan do. The 12 National<br />

Assembly representatives of <strong>FATA</strong> [should] be able to legislate for <strong>FATA</strong>”.21<br />

POLITICAL LEADERS FOR <strong>FATA</strong> REFORM<br />

Political parties and the people of <strong>FATA</strong> are divided regarding the ideal future<br />

status of <strong>FATA</strong>. While some argue for a separate status, others advocate a<br />

merger with Khyber Pakhtunkhwa Province. The Pashtoonkhwa Milli Awami<br />

Party (PMAP), in particular, has been vocal in calling for a new separate<br />

province for tribal people22. Despite these differences however, most agree that<br />

equal rights and political mainstreaming for tribal citizens of Pakistan must be<br />

guaranteed regardless of any eventual decision regarding provincial status.


The first serious attempt to reform the Frontier Crimes Regulation (FCR) was<br />

taken up in 2005 when government constituted the FCR Reform Committee,<br />

headed by Justice Mian Ajmal, a retired judge of the Supreme Court of<br />

Pakistan.23 The twelve members of the committee included retired senior civil<br />

servants, a senior journalist, lawyers and tribal citizens. Following the completion<br />

of its report and recommendations for amendments to the FCR, the committee<br />

held a series of consultations with important stakeholders. Despite these efforts,<br />

a lack of a political will prevented government from approving amendments to<br />

the regulation.24 Their recommendations, however, formed the basis of<br />

deliberations initiated by future governments and were partially incorporated in<br />

the reforms package enacted by the government led by Pakistan People’s Party<br />

(PPP) in 2011.<br />

In preparation for the 2008 general elections in Pakistan, several political parties<br />

included political, administrative, and legal reforms for <strong>FATA</strong> in their election<br />

manifestos. PPP, for example, promised to reclaim <strong>FATA</strong> by introducing<br />

wide-ranging reforms including extension of the Political Parties Order to the<br />

region to allow political parties to openly participate in elections.25 After forming<br />

the government, Prime Minister Yousaf Raza Gillani followed-up on this election<br />

promise by declaring in a speech to parliament in March 2008 that the FCR<br />

would be abolished. Although the statement elicited a mixed reaction from <strong>FATA</strong><br />

parliamentarians,26 the new government moved forward and established a<br />

cabinet-level committee the following month led by Law Minister Farooq Naek.<br />

The committee was asked to examine the FCR in consultation with relevant<br />

stakeholders and recommend changes as necessary.<br />

Also in 2008, mainstream political parties in Pakistan joined hands to work for<br />

political and legal reforms in <strong>FATA</strong>. At an initial encounter, political party leaders<br />

met with a delegation of 100 tribal leaders. Presided over by Anwar Kamal<br />

Marwat (Pakistan Muslim League-Nawaz) and including former parliamentarians<br />

and vocal supporters of <strong>FATA</strong> reforms, the delegation met with President Asif Ali<br />

Zardari in March and June of 2009, directly presenting to him their<br />

recommendations for reform. These early meetings led to the president’s August<br />

2009 announcement of a forthcoming reforms package for <strong>FATA</strong>.<br />

POLITICAL PARTIES<br />

JOINT COMMITTEE ON <strong>FATA</strong> REFORMS<br />

Following multi-party efforts in 2008 and President Zardari’s announcement in<br />

2009, political party leaders held regular roundtable conferences throughout<br />

2010 to further refine and advocate for equal rights in the tribal areas. These<br />

meetings ultimately led to the creation of the Political Parties Joint Committee on<br />

<strong>FATA</strong> Reforms, commonly referred to as the <strong>FATA</strong> Committee, which now<br />

includes ten political parties as members: Awami National Party (ANP),<br />

Jamat-e-Islami (JI), Jamiat-e-Ulama-e-Islam Fazl (JUI-F), Muttahida Quami<br />

Movement (MQM), National Party (NP), Pakistan Muslim League (PML),<br />

Pakistan Muslim League-Nawaz (PML-N), Pakistan People’s Party (PPP-P),<br />

Pakistan Tehreek-e-Insaf (PTI) and Qaumi Watan Party (QWP).<br />

The <strong>FATA</strong> Committee has worked to demonstrate the shared commitment of<br />

political parties to promoting debate throughout Pakistan on the urgent reform<br />

issues facing tribal citizens. The group has made repeated calls for the<br />

implementation of expansive reforms in the tribal areas and continues to engage<br />

in discussions with stakeholders from <strong>FATA</strong> to build consensus, increase<br />

awareness and promote dialogue on existing and future reforms.


In March 2010, the <strong>FATA</strong> Committee met with President Asif Ali Zardari to outline<br />

their initial reform recommendations and encourage the president to follow<br />

through on the August 2009 promise of a reform package for <strong>FATA</strong>. The<br />

committee’s recommendations included: 1) substantive amendments to the<br />

Frontier Crimes Regulation, 2) extension of the Political Parties Order to <strong>FATA</strong>,<br />

and 3) a new development package for the tribal areas.<br />

Following the meeting with the <strong>FATA</strong> Committee, President Zardari signed<br />

two orders in August 2011 authorizing key political and administrative<br />

reforms for the tribal areas.<br />

As insisted by the political parties’ committee, the Political Parties Order was<br />

extended to <strong>FATA</strong> and significant amendments to the FCR were introduced and<br />

enacted for the first time in more than 100 years.<br />

AMENDMENTS TO<br />

THE FRONTIER CRIMES REGULATION<br />

The FCR amendments enacted in 2011 brought some improvements for <strong>FATA</strong><br />

citizens. Although the amendments did not go as far as either the FCR Reforms<br />

Committee (headed by Justice Mian Ajmal) or the political parties’ <strong>FATA</strong><br />

Committee would have liked, they did include some substantive provisions. The<br />

amendments27 included:<br />

Changes to the collective responsibility clause prohibiting the arrest of<br />

women, children and the elderly;<br />

Establishment of a strengthened <strong>FATA</strong> Tribunal with powers to review<br />

decisions made by political agents;<br />

Right of appeal;<br />

Curtailing of some of the arbitrary powers of political agents; and<br />

Mandated audits of political agent funds.<br />

Despite these amendments, political agents still exercise all three primary<br />

functions of police, prosecutor and judge. In addition, the federal<br />

government—through its agents in the office of the Khyber Pakhtunkhwa<br />

governor and political administration of the <strong>FATA</strong> Secretariat—exercise<br />

executive, legislative, judicial, and election administration powers. The<br />

strengthened <strong>FATA</strong> Tribunal, as stipulated in the amendments, is comprised of<br />

two retired senior civil servants and one senior lawyer familiar with <strong>FATA</strong>.<br />

Citizens in <strong>FATA</strong>, however, still cannot avail the jurisdiction of the High Courts or<br />

the Supreme Court of Pakistan.<br />

Following enactment of 2011 reforms, the <strong>FATA</strong> Committee and other<br />

reform activists have continually expressed reservations regarding the<br />

slow and at times complete failure to enact the FCR amendments.<br />

Many have also argued that the changes made did not go far enough and that<br />

additional amendments are needed.


LOCAL GOVERNMENT FOR <strong>FATA</strong><br />

Calls for a local government system in <strong>FATA</strong> are heard from numerous sectors<br />

and stakeholders in Pakistan today, with political parties and civil society pointing<br />

to the establishment of a local bodies system in the tribal areas as essential for<br />

filling the governance vacuum and solving everyday problems of citizens living<br />

there. Following the publication of a draft <strong>FATA</strong> Local Government Regulation in<br />

2012, President Asif Ali Zardari announced in August 2013 that a local bodies<br />

system in the tribal areas would be implemented.<br />

In January 2013, the <strong>FATA</strong> Committee concluded a series of discussions on the<br />

draft regulation and responded in a letter addressed to the <strong>FATA</strong> Secretariat<br />

Additional Chief Secretary with comments and recommendations for local<br />

government institutions in the tribal areas. In addition to concerns raised by<br />

individual political parties and civil society, the <strong>FATA</strong> Committee expressed<br />

particular concern regarding the extensive powers of the governor and the<br />

political administration in the new draft regulation.<br />

Political parties encouraged government to carefully consider 19 detailed<br />

recommendations for improving the regulation and to establish truly<br />

accountable and transparent local bodies in <strong>FATA</strong>.<br />

Their recommendations included extension of the geographical reach of the<br />

regulation to all of <strong>FATA</strong> instead of only municipal areas, administration of<br />

elections and delimitation of constituencies by the Election Commission of<br />

Pakistan (ECP) as stipulated in the Constitution of Pakistan, and delegation of<br />

control over local government funds to locally elected representatives instead of<br />

the political administration.28<br />

Despite these efforts, as of July 2014 the regulation had not been enacted. While<br />

a local government system has not yet been established in <strong>FATA</strong>, many<br />

organizations continue to make public calls29 for its implementation. In addition<br />

to a direct statement in favour of local bodies elections in <strong>FATA</strong> by Khyber<br />

Pakhtunkhwa Governor Engineer Shaukatullah Khan,30 the following parties<br />

have also publicized their demands: Awami National Party (ANP),<br />

Jamaat-e-Islami (JI), Muttahida Quami Movement (MQM), National Party (NP),<br />

Pakistan Muslim League (PML), Pakistan Muslim League-Nawaz (PML-N),<br />

Pakistan People’s Party (PPP), Pakistan Tehreek-e-Insaf (PTI), Qaumi Watan<br />

Party (QWP), All Bajaur Political Parties Alliance, and the Political Parties Joint<br />

Committee on <strong>FATA</strong> Reforms (<strong>FATA</strong> Committee).<br />

In addition to government and political forces struggling for local democratic<br />

structures in the tribal areas, other organizations have also made their voices<br />

heard on the issue, including: Centre for Governance and Public Accountability<br />

(CGPA), Coalition for <strong>FATA</strong> Rights (CFR), <strong>FATA</strong> Democratic Movement, <strong>FATA</strong><br />

Grand Assembly, <strong>FATA</strong> Lawyer's Forum (FLF), <strong>FATA</strong> Local Council Association,<br />

<strong>FATA</strong> Research Centre (FRC), Tribal NGOs Consortium, and many others.<br />

During his tenure, General Pervez Musharraf also promised to devolve powers<br />

to the grassroots level and in 1999 created the National Reconstruction Bureau<br />

to implement governance reforms, including legal changes for <strong>FATA</strong>.31 In 2000,<br />

Musharraf established a <strong>FATA</strong> Reforms Committee (not to be confused with the<br />

Political Parties Joint Committee on <strong>FATA</strong> Reforms, or <strong>FATA</strong> Committee) which<br />

recommended the creation of a separate <strong>FATA</strong> province, establishment of a<br />

<strong>FATA</strong> Council, representation in the NWFP Provincial Assembly, and creation of<br />

a separate <strong>FATA</strong> Secretariat.32


In 2002, following these recommendations, a new local government system was<br />

established in <strong>FATA</strong> along with all of Pakistan. The local bodies system did not<br />

remain in effect for long, suffered from low voter participation and new councils<br />

were widely criticized as selected rather than elected.<br />

ELECTION REFORM FOR <strong>FATA</strong><br />

Even after introduction of full voting rights for all <strong>FATA</strong> citizens, elections in the<br />

tribal areas have been flawed, due largely to the lack of development, poor<br />

infrastructure and weak communication systems. Voter registration and issuance<br />

of National Identity Cards (NIC) remains lower in <strong>FATA</strong> due to limited access and<br />

low service delivery by the ECP and the National Database and Registration<br />

Authority (NADRA). As a result of these shortcomings, in addition to the high<br />

number of internally displaced persons (IDPs) from <strong>FATA</strong> living elsewhere in<br />

Pakistan, voter participation numbers have been much lower in <strong>FATA</strong> than in the<br />

rest of the country.<br />

In terms of direct elections administration, political agents, instead of<br />

independent election officials or judicial officers, have performed the vital<br />

function of district returning officer (local election administrator).<br />

In the absence of media groups and independent election observers,<br />

powerful candidates, political agents, military and militants have all been<br />

accused of utilizing their power to influence election results.<br />

To address these and other concerns, the political parties’ <strong>FATA</strong> Committee<br />

came together on numerous occasions in 2012 to discuss potential solutions.<br />

The group ultimately arrived at five consensus recommendations33 to ensure<br />

free and fair elections in <strong>FATA</strong>. In January 2013, the recommendations were<br />

presented directly to the ECP as well as the President of Pakistan and the<br />

Khyber Pakhtunkhwa governor for consideration:<br />

National Database and Registration Authority (NADRA) and Election<br />

Commission of Pakistan (ECP) should increase efforts to register <strong>FATA</strong><br />

voters;<br />

ECP should allow absentee voting for <strong>FATA</strong>’s internally displaced persons<br />

(IDPs);<br />

Judicial officers should serve as election officials in <strong>FATA</strong>;<br />

ECP should provide polling stations at a distance of not more than two<br />

kilometres from voters’ residences; and<br />

ECP should engage directly with political parties in <strong>FATA</strong>.<br />

Responding to <strong>FATA</strong> Committee efforts, the ECP did provide additional polling<br />

stations in some areas outside <strong>FATA</strong> where IDPs were living at the time of the<br />

May 2013 general elections. The other four recommendations, however, were<br />

not addressed and remain as outstanding items on the political parties’ reform<br />

agenda for future electoral processes in the tribal areas.


HISTORIC ELECTIONS IN <strong>FATA</strong><br />

For the first time in history, political parties were allowed to openly field<br />

candidates in <strong>FATA</strong> in the 2013 general elections.<br />

Despite security and other challenges throughout the election period, the<br />

participation of political parties in the 2013 election proved successful. Voter<br />

participation was also higher than that seen in 2008 general elections, up from<br />

31 to 36 percent.34<br />

Before the extension of the Political Parties Order, many Pakistani political<br />

parties already had unofficial party structures in place in <strong>FATA</strong>. Elections,<br />

however, could not be contested on political party tickets and party activists were<br />

not permitted to openly organize. Both before and after the ban on political<br />

parties was lifted, parties played a significant role in raising the political<br />

consciousness of <strong>FATA</strong> citizens, even as the rise of militancy in the region<br />

narrowed the space available to democratic forces. Throughout recent years,<br />

hundreds of tribal and political leaders have been attacked and killed by militants<br />

in <strong>FATA</strong>.35 Extension of the political parties law provided some additional space<br />

to political actors as was demonstrated by active political party participation in<br />

many <strong>FATA</strong> agencies and frontier regions during May 2013 elections for the<br />

National Assembly of Pakistan.<br />

In the months prior to elections, many major political parties in Pakistan included<br />

<strong>FATA</strong> reform in their election manifestos.36 The ANP, PML-N, PPP, PTI and QWP<br />

included detailed programs for the democratization and development of <strong>FATA</strong>,<br />

including abolition of Frontier Crimes Regulation.37<br />

In March 2013, the <strong>FATA</strong> Committee made an effort to reach out to grassroots<br />

political leaders and candidates in the tribal areas by holding a joint meeting of<br />

office-bearers of political parties from across <strong>FATA</strong>. The <strong>FATA</strong> Committee<br />

presented their five election reform recommendations and also heard the<br />

concerns and recommendations of their counterparts in the agencies and<br />

frontier regions.<br />

Local office-bearers outlined challenges to launching political campaigns<br />

in <strong>FATA</strong>, security concerns, and political administration reluctance to<br />

implement the already announced reforms.<br />

Local leaders agreed with the recommendations of the <strong>FATA</strong> Committee and<br />

made additional recommendations for the President of Pakistan, SAFRON<br />

Ministry, <strong>FATA</strong> Secretariat and the ECP. The 40 reform demands38 of local<br />

political activists from <strong>FATA</strong> were expansive, including but not limited to the<br />

following:<br />

Many maliks continue to sell the votes of their people for money. This<br />

practice should be prohibited by the ECP and any “vote buying” activities<br />

should be punishable by law, including the disqualification of candidates<br />

violating the regulation.


Following 2011 reforms, political parties in <strong>FATA</strong> participated openly in Pakistan<br />

general elections for the first time in history. Just prior to elections in May 2013,<br />

candidates from all 12 <strong>FATA</strong> constituencies participated in candidate radio forums<br />

broadcast throughout the tribal areas on Mashaal Radio.


Frontier regions constituency (NA-47) is too large and too spread out for<br />

effective representation. The constituency should be divided on the basis of<br />

population.<br />

Journalists are intimidated and pressured by the State and security<br />

establishment in <strong>FATA</strong>. To decrease this corruption and biased reporting,<br />

more private media should be given access and security in <strong>FATA</strong>.<br />

ECP must monitor free and fair administration of elections in <strong>FATA</strong>.<br />

Political agent must not show favouritism toward any political party candidate<br />

or any independent candidate.<br />

Corruption by political agents must be investigated and stopped. Political<br />

agent appointments are “for sale” in <strong>FATA</strong> and this practice must be stopped.<br />

United Nations and other international organizations should make public<br />

statements about the lack of human and political rights in <strong>FATA</strong>.<br />

In addition to <strong>FATA</strong> Committee work with local leaders in <strong>FATA</strong>, grassroots<br />

political party members in <strong>FATA</strong> have initiated their own initiatives for<br />

reform.<br />

In 2013 and 2014, political activists were particularly active in Bajaur, Mohmand,<br />

Khyber and Kurram agencies as well as in several frontier regions, holding rallies<br />

and press conference to raise awareness among the people in their areas and<br />

pressure government for reform.<br />

Particularly noteworthy has been the efforts of the All Bajaur Political Parties<br />

Alliance, made up of the leadership of political parties in Bajaur Agency.<br />

Members of the alliance worked together at the agency level for further reforms<br />

and the implementation of those already enacted. The alliance also reached out<br />

to party members in other agencies in an effort to broaden the alliance and work<br />

for implementation of reforms throughout <strong>FATA</strong>.<br />

In addition to enforcing the implementation of 2011 amendments to the Frontier<br />

Crimes Regulation, the Bajaur alliance agenda39 includes: local government for<br />

<strong>FATA</strong>, real legislative rights for <strong>FATA</strong> elected representatives, eliminating<br />

corruption in the use of development funds, ending the use of drones, inclusion<br />

of <strong>FATA</strong> voices in future government reform initiatives, and improving the<br />

economic situation in the tribal areas.<br />

NEW CONSENSUS <strong>FATA</strong> REFORM AGENDA<br />

After 2013 elections, the political parties’ <strong>FATA</strong> Committee held further meetings<br />

and roundtable conferences to discuss the current status of the reform process<br />

for the tribal areas. Considering the efforts of citizens groups also working for<br />

reform, the <strong>FATA</strong> Committee ultimately decided on a new and more extensive list<br />

of consensus reform recommendations for government. In October 2013, the ten<br />

political parties represented on the <strong>FATA</strong> Committee unanimously agreed on 11<br />

recommendations:<br />

Peace in <strong>FATA</strong> should be guaranteed.<br />

Article 247 of the constitution should be amended to guarantee fundamental<br />

rights for all tribal citizens and shift legislative power from the President of<br />

Pakistan to the parliament.


Local bodies elections should be held in <strong>FATA</strong>.<br />

A comprehensive package should be developed for <strong>FATA</strong> and infrastructure<br />

development initiated, with special focus on health, education and<br />

employment.<br />

The future status of <strong>FATA</strong> should be decided by its people.<br />

Pakistan Electronic Media Regulatory Authority (PEMRA) jurisdiction should<br />

be extended and media should be provided greater access to <strong>FATA</strong> to<br />

provide tribal citizens with opportunities for media interaction and<br />

participation.<br />

The Jirga system should be made more democratic and independent.<br />

Actions in Aid of Civil Power Regulation should be abolished.<br />

Executive and judicial powers should be separated in <strong>FATA</strong>.<br />

Citizens should not be deprived of property; inheritance law should be<br />

extended.<br />

Civil armed forces (khasadar and levies) should be strengthened and<br />

professionalized.<br />

In November 2013, the <strong>FATA</strong> Committee met with Federal Minister for States and<br />

Frontier Regions (SAFRON) Lt. General (Retd.) Abdul Qadir Baloch to present<br />

their 11 consensus reform demands and also emphasize the importance of<br />

guaranteeing peace in <strong>FATA</strong>. Lt. General Baloch expressed appreciation for the<br />

efforts of the political parties and indicated he would share his views and meet<br />

with the Prime Minister and <strong>FATA</strong> parliamentarians regarding the reform agenda.<br />

The <strong>FATA</strong> Committee also launched an advocacy campaign to increase support<br />

for the 11 reforms recommendations. As part of this new outreach strategy, the<br />

<strong>FATA</strong> Committee visited the leadership of member political parties in provincial<br />

capital cities across Pakistan to hold joint press conferences and ask for more<br />

vocal support of reform for <strong>FATA</strong>. Party leaders vowed to raise the issue on every<br />

platform and continue to gain support for the <strong>FATA</strong> reform cause. Many of them<br />

also reinforced the position of the <strong>FATA</strong> Committee asserting that tribal citizens<br />

have the same rights as the rest of Pakistan.<br />

According to press statements, the <strong>FATA</strong> Committee intends to continue<br />

its efforts for <strong>FATA</strong> reform and plans to ask the President and Prime<br />

Minister of Pakistan for meetings to present their reform demands.<br />

The PML-N promised40 the “integration of the Federally and Provincially<br />

Administered Tribal Areas into the country’s political mainstream” and “extending<br />

to its people the political rights enjoyed by the citizens of Pakistan” in their 2013<br />

election manifesto.41 Statements by SAFRON Minister Lt. General Baloch in<br />

November 2013 only indicated he would look into the matter.42


In March 2014, however, the federal minister publically stated that laws need to<br />

be reformed, that local government should be implemented appropriate to local<br />

customs, and that he was optimistic that reforms would yield positive results.43<br />

Baloch also said that <strong>FATA</strong> would be brought under relevant laws, that reforms<br />

are inevitable for peace, and that the “need of the hour” is to evolve the system<br />

to fill the vacuum that has been taken advantage of by militants.44<br />

Perhaps most significantly, in February 2014, Minister Baloch hinted at future<br />

government action on <strong>FATA</strong> reform, stating that, “we are thinking of designating<br />

legislative and administrative powers to the tribal parliamentarians to enable<br />

them to govern <strong>FATA</strong> according to the wishes of local people. […] We want the<br />

elected representatives of <strong>FATA</strong> to exercise the same powers as enjoyed by their<br />

fellow parliamentarians from across the country and a proposal for their<br />

empowerment would be sent to the Prime Minister Nawaz Sharif very soon.”45<br />

Recently appointed by the new PML-N government, Khyber Pakhtunkhwa<br />

Governor Sardar Mehtab Ahmed Khan has also indicated willingness to work for<br />

administrative and political reform for <strong>FATA</strong>. To this end, the governor met with<br />

the political parties’ <strong>FATA</strong> Committee to discuss their 11-point reform<br />

recommendations. Saying that he agreed, in principle, with the<br />

recommendations, the top <strong>FATA</strong> official indicated that he was ready to move<br />

forward on some of the reform proposals.46<br />

Governor Sardar Mehtab also established in May 2014 a <strong>FATA</strong> Reforms<br />

Commission to look into the matter. The new commission mandate includes:<br />

establish short and long-term reform initiatives and objectives for institutional<br />

strengthening and good governance, re-examine existing legal systems in <strong>FATA</strong><br />

and propose amendments in existing laws. The new government body has also<br />

been asked to review the structure of the <strong>FATA</strong> Secretariat and develop a new<br />

legal regime to permit implementation of approved <strong>FATA</strong> reforms, including<br />

monitoring and proposing “mid-course corrections” of reforms implementation<br />

on the ground in the tribal areas.<br />

“The commission will also review effectiveness of the Colonial-era Frontier<br />

Crimes Regulation in changing governance paradigm and will prepare<br />

integrated development and economic development strategies for the region.”<br />

The <strong>FATA</strong> Reforms Commission has been asked to complete its work and make<br />

initial recommendations to the governor by March 2015.47<br />

As government considers taking action to announce and enact additional<br />

reform for <strong>FATA</strong>, it is faced with increasing pressure from political parties,<br />

citizen groups, and other individuals from the tribal areas.<br />

Just as they have for years now, these groups and other <strong>FATA</strong> stakeholders<br />

continue to express their desire for change, progress and prosperity in <strong>FATA</strong>. As<br />

their voices increase in volume, <strong>FATA</strong> people increase the chances that their<br />

reform demands will be heard and implemented.


NOTES<br />

1 Peace in <strong>FATA</strong> to be restored utilizing all means: President,” Associated Press of<br />

15<br />

Pakistan, 24 March 2014, http://www.app.com.pk/en_/index.phpoption=com_<br />

content&task=view&id=273259<br />

2<br />

3<br />

4<br />

5<br />

6<br />

7<br />

<strong>FATA</strong>’s development a top priority: President,” Associated Press of Pakistan, 4<br />

November 2013, http://www.app.com.pk/en_/index.phpoption=com_content&task=<br />

view&id=247420&Itemid=1<br />

Ikram Sehgal, “21st century Great Game,” The News, 25 November 2010,<br />

http://www.thenews.com.pk/Todays-News-9-17049-21st-century-Great-Game<br />

Durand Line Agreement, 12 November 1893, http://www.satp.org/satporgtp/<br />

countries/pakistan/document/papers/durandlineagrrement.htm<br />

Syed Wawar Ali Shah, “Abdul Ghaffar Khan, the Khudai Khidmatgars, Congress<br />

and the Partition of India,” Pakistan Vision, Volume 8, Number 2: 89-90,<br />

http://pu.edu.pk/images/journal/studies/PDF-FILES/Shah-4%20new.pdf<br />

Noor ul Haq, et al, “Federally Administered Tribal Areas of Pakistan,” Asia Printers<br />

Islamabad, March 2005, Paper 10, http://ipripak.org/papers/federally.shtml<br />

Haq.<br />

16<br />

17<br />

18<br />

19<br />

The FCR also came under critical judicial review in the following cases: Dosso v.<br />

State (PLD 1957 Quetta 9), Toti Khan v, DM, Sibi, Abdul Akbar Khan v. DM,<br />

Peshawar, Abdul Baqi v. Superintendent, Central Prisons, Maclh, Khair Muhammad<br />

Khan v. Government of WP (PLD 1956 Lahore 668) and Malik Muhammad Usman<br />

v. State (PLD 1965 Lahore 229).<br />

Hussain, 59.<br />

“Fundamental Rights and Principles of Policy,” Constitution of the Islamic Republic<br />

of Pakistan, 1973, Part II, Chapter 1, http://www.pakistani.org/pakistan/constitution/<br />

part2.ch1.html<br />

Daniel S. Markey, “Securing Pakistan's Tribal Belt,” Council on Foreign Relations,<br />

Council Special Report Number 36, July-August 2008, http://www.cfr.org/pakistan/<br />

securing-pakistans-tribal-belt/p16763<br />

Zia Haider, “Mainstreaming Pakistan's Tribal Belt: A Human Rights and Security<br />

Imperative,” Harvard University, John F. Kennedy School of Government, Belfer<br />

Center for Science and International Affairs, Discussion Paper 09-01, January<br />

2009, http://belfercenter.ksg.harvard.edu/publication/18790/mainstreaming_<br />

pakistans_tribal_belt.html<br />

8<br />

9<br />

10<br />

11<br />

12<br />

13<br />

14<br />

Federally Administered Tribal Areas, Administration System,” <strong>FATA</strong> Secretariat,<br />

http://fata.gov.pk/index.phpoption=com_content&view=article&id=50&Itemid=84<br />

“Mainstreaming <strong>FATA</strong>”, Shaheed Bhutto Foundation, Benazir Democracy Institute,<br />

2009: 55, http://www.slideshare.net/fatanews/mainstreaming-fata-definingdemocratizing-and-developing-2009-shaheed-bhutto-foundation<br />

Syed Wawar Ali Shah, “Political Reforms in the Federally Administered Tribal Areas<br />

of Pakistan (<strong>FATA</strong>): Will it End the Current Militancy” South Asia Institute,<br />

Department of Political Science, Heidelberg University, January 2012, Working<br />

Paper Number 64: 8, http://archiv.ub.uni-heidelberg.de/volltextserver/13063/1/<br />

Heidelberg_Papers_64_Ali_Shah.pdf<br />

“Who are we” <strong>FATA</strong> Lawyer’s Forum, http://fatalawyersforum.com/about.php<br />

Shaheed Bhutto Foundation, 13.<br />

<strong>FATA</strong> Grand Citizens Assembly presents 19 recommendations for reforms,”<br />

Pakistan Observer, July 2013, http://pakobserver.net/detailnews.aspid=211703<br />

Faqir Hussain, “Testing FCR on the touchstone of the constitution,” Frontier Crimes<br />

Regulation: A Bad Law Nobody Can Defend, Human Rights Commission of<br />

Pakistan, July 2005: 57, http://fatareforms.org/frontier-crimes-regulation-bad-lawnobody-can-defend/<br />

20<br />

21<br />

22<br />

23<br />

24<br />

25<br />

26<br />

Pakistan’s Tribal Areas: Appeasing the Militants,” International Crisis Group, Asia<br />

Report Number 25, 11 December 2006, http://www.crisisgroup.org/en/regions/asia/<br />

south-asia/pakistan/125-pakistans-tribal-areas-appeasing-the-militants.aspx<br />

2013 Final Report of the European Union Election Observation Mission in Pakistan,<br />

European Union, http://eeas.europa.eu/eueom/missions/2013/pakistan/reports_<br />

en.htm<br />

Zahid Gishkori, “Ending militancy: Achakzai proposes roadmap for peace,” Express<br />

Tribune, 17 November 2013, http://tribune.com.pk/story/628358/ending-militancyachakzai-proposes-roadmap-for-peace/<br />

“Changes to FCR being considered,” Dawn, 22 September 2005,<br />

http://www.dawn.com/news/157877/changes-to-fcr-being-considered<br />

Rahimullah Yusufzai, “Deserving ones like Justice (R) Mian Ajmal ignored,” The<br />

News, 29 August 2011, http://thenews.com.pk/Todays-News-7-65226-deservingones-like-Justice-(R)-Mian-Ajmal-ignored<br />

“<strong>FATA</strong> Reforms,” Pakistan People’s Party, 2008 Election Manifesto: 19,<br />

http://ppp.org.pk/manifestos/2008.pdf<br />

Mixed Response by <strong>FATA</strong> members on “FCR Repeal,” Daily Times, 30 March 2008,<br />

http://archives.dailytimes.com.pk/national/30-Mar-2008/mixed-response-by-fata-me<br />

mbers-on-fcr-repeal


27<br />

28<br />

G. M. Chaudhry, Summary of 2011 Amendments to the Frontier Crimes Regulation<br />

of 1901, http://fatareforms.org/summary-of-2011-amendments-to-the-frontiercrimes-regulation/<br />

Letter to <strong>FATA</strong> Secretariat regarding draft <strong>FATA</strong> local government regulation,<br />

Political Parties Joint Committee on <strong>FATA</strong> Reforms, 24 January 2012,<br />

http://slideshare.net/<strong>FATA</strong>parties/letter-lg-recs-fata-secretariat-2013-january-final-english<br />

39<br />

40<br />

41<br />

29<br />

30<br />

31<br />

Stakeholders call for <strong>FATA</strong> local government,<br />

http://fatareforms.org/tag/local-government/<br />

“Governor promises meaningful reforms in tribal system,” Dawn, 22 March 2014,<br />

http://dawn.com/news/1094748/governor-promises-meaningful-reforms-in-tribal-sys<br />

tem<br />

Ali Cheema, et al, “Local Government Reforms in Pakistan: Context, Content and<br />

Causes,” Massachusetts Institute of Technology, Decentralization and Local<br />

Governance in Developing Countries (2006), http://slideshare.net/fatanews/localgovernment-reforms-in-pakistan-context-content-and-causes<br />

42<br />

43<br />

44<br />

Agenda of the All Bajaur Political Parties Alliance, October 2013,<br />

http://slideshare.net/fatanews/agenda-bajaur-political-parties-allaince-v4-2013-1007<br />

“Nawaz announces PML-N manifesto,” The Nation, 7 March 2013,<br />

http://www.nation.com.pk/lahore/07-Mar-2013/nawaz-announces-pml-n-manifesto<br />

Manifesto 2013: Strong Economy, Strong Pakistan, Pakistan Muslim League (N), 7<br />

March 2013: 86, http://www.pmln.org/manifesto/<br />

“Parties Present Recommendations for Reforms in <strong>FATA</strong>,” The Nation, 20 December 2013,<br />

http://nation.com.pk/islamabad/20-Dec-2013/parties-present-recommendations-forreforms-in-fata<br />

“Conference told fabric of <strong>FATA</strong> eroding,” Daily Times, 26 March 2014,<br />

http://dailytimes.com.pk/national/26-Mar-2014/conference-told-fabric-of-fata-eroding<br />

Imaduddin, “Govt keen to solve <strong>FATA</strong> people’s problems: Baloch,” Business<br />

Recorder, 25 March 2014, http://brecorder.com/top-news/108-pakistan-top-news/<br />

164350-govt-keen-to-solve-fata-peoples-problems-baloch.html<br />

32<br />

33<br />

Sarfraz Khan, “The Frontier Crimes Regulation (FCR): A Socio-political<br />

Assessment,” Central Asia Journal, Number 70, Summer 2012: 4.<br />

Abdur Rauf, “2013 elections: <strong>FATA</strong> committee set to reach consensus on demands,”<br />

The Express Tribune, 9 January 2013, http://tribune.com.pk/story/491291/2013-<br />

elections-fata-committee-set-to-reach-consensus-on-demands/<br />

45<br />

46<br />

“Minister favours more say for Fata MPs in governance,” The News, 20 February<br />

2014, http://thenews.com.pk/Todays-News-7-233823-Minister-favours-moresay-for-Fata-MPs-in-governance<br />

Commission to look into Fata people’s problems,” Dawn, 31 May 2014,<br />

http://www.dawn.com/news/1109719<br />

34<br />

Zia ur Rehman, “Pakistani political parties aim to bring <strong>FATA</strong> into mainstream,” Asia<br />

Online,14 January 2014, http://centralasiaonline.com/en_GB/articles/caii/features/<br />

pakistan/main/2014/01/14/feature-01<br />

47<br />

Zulfiqar Ali, “Another commission formed on Fata reforms,” Dawn, 20 May 2014,<br />

http://dawn.com/news/1107498/another-commission-formed-on-fata-reforms<br />

35<br />

“Attack on Tribal Elders in Pakistan,” South Asian Terrorism Portal, 16 February<br />

2014, http://satp.org/satporgtp/countries/pakistan/database/Tribalelders.htm<br />

36<br />

<strong>FATA</strong> in Political Parties’ Manifestoes 2013 available at http://www.slideshare.net/<br />

fatanews/fata-in-political-party-election-manifestos-2013<br />

37<br />

“Elections 2013: A Comparative Analysis of Election Manifestoes of Major Political<br />

Parties,” Pakistan Institute of Legislative Development and Transparency (PILDAT),<br />

April 2013: 9, http://pildat.org/publications/publication/elections/Election2013_<br />

ManifestoesComparison.pdf<br />

38<br />

“Recommendations for <strong>FATA</strong> Elections Reforms,” Political Parties Joint Committee<br />

for <strong>FATA</strong> Reforms, March 2013, http://slideshare.net/<strong>FATA</strong>parties/40-<br />

recommendations-from-fata-agency-party-leaders-14-march-2013doc


The people of <strong>FATA</strong> have long been demanding the right to make laws<br />

for themselves. The absence of a popular, democratic and just order<br />

in <strong>FATA</strong> lies at the root of one of the most serious challenges to peace<br />

and security in the country. This can hardly be disputed. If the<br />

problem had been addressed over the wasted decades, it might have<br />

been easier to deal with the militancy that is now posing a grave threat<br />

to Pakistan’s democratic premise and integrity.<br />

I.A. REHMAN, HUMAN RIGHTS COMMISSION OF PAKISTAN<br />

JULY 2013, DAWN


The voice, role and participation of tribal women is still absent in <strong>FATA</strong>. Much work is<br />

needed to guarantee their participation. The vast majority of tribal people are not aware<br />

of the reforms implemented to date in <strong>FATA</strong>. Civil society, media and international<br />

donors must work to increase political and democracy awareness and education.<br />

IFTIKHAR AHMAD, TRIBAL RIGHTS WATCH<br />

MARCH 2014


It is essential for every government to ensure and guarantee basic fundamental rights<br />

to every citizen across the country uniformly. Unfortunately, however, the presence of<br />

the Frontier Crimes Regulation (FCR) and the absence of higher judiciary in the <strong>FATA</strong><br />

region of Pakistan makes it very difficult for tribal people to seek justice and rights. To<br />

provide access to these rights, the FCR should be drastically amended or abolished<br />

completely.<br />

MASOOD JAN, PROGRAM COORDINATOR<br />

CENTER FOR RESEARCH & SECURITY STUDIES (CRSS), MARCH 2014<br />

49


A question for legal experts: Can parliament restrict the jurisdiction of the superior<br />

judiciary Can parliament say that tomorrow onwards the Supreme Court is barred<br />

from Balochistan If not, then why is the Supreme Court quiet about <strong>FATA</strong>’s legal<br />

deficiency Tribesmen have suffered enough; they have been discriminated against for<br />

a very long time and they won’t wait another sixty years for reforms leading to equal<br />

rights. We have to mainstream <strong>FATA</strong> with equal rights and opportunities.<br />

GHULAM QADIR KHAN DAUR<br />

SEPTEMBER 2013, THE TRIBAL TIMES


The Frontier Crimes Regulation (FCR) is evil as it denies citizens of Pakistan their<br />

fundamental rights. <strong>FATA</strong> needs a change and whoever helps the tribesmen in<br />

achieving that change will become a good part of an otherwise turbulent history of<br />

these times.<br />

NIZAMUDDIN KHAN, SEPTEMBER 2013, EXPRESS TRIBUNE<br />

51


Change is impossible without extension of jurisdiction of superior<br />

courts to <strong>FATA</strong>. If the Pakistan federal government wants to bring any<br />

change to <strong>FATA</strong>, it should extend the Supreme Court and the<br />

Peshawar High Court to the tribal areas.<br />

IJAZ MOHMAND, <strong>FATA</strong> LAWYER’S FORUM<br />

AUGUST 2013, DAWN


A local government system should be extended to <strong>FATA</strong> so that problems can be solved<br />

at the grassroots level. There is a dire need for the formation of <strong>FATA</strong> councils to solve<br />

longstanding problems and other issues being faced by tribal people.<br />

MALIK GHULAM RASOOL AFRIDI<br />

PAKISTAN TEHREEK-E-INSAF, DARRA ADAM KHEL, DECEMBER 2013, THE NEWS


We want Article 247 of the Constitution of Pakistan to be amended in such a way that<br />

obliges the President of Pakistan to seek consent of an elected <strong>FATA</strong> council for any<br />

laws or changes for the region.<br />

KUKIKHEL TRIBAL ELDERS AND KHYBER UNION, KHYBER AGENCY<br />

DECEMBER 2013, DAWN<br />

55


Societies cannot remain stagnant forever and it is time tribesmen move forward towards<br />

peace, progress and development. The Frontier Crimes Regulation (FCR) lacks the<br />

fundamental principles of justice and equality and has failed to dispense justice to<br />

residents of <strong>FATA</strong>. This draconian law remains an obstacle in bringing peace and<br />

prosperity to the region.<br />

A superior judiciary bench also needs to be established so tribesmen can have access to<br />

justice. It is imperative to adopt an inclusive system in <strong>FATA</strong> to address the core issues<br />

that tribesmen face.<br />

IMTIAZ GUL, EXECUTIVE DIRECTOR<br />

CENTER FOR RESEARCH & SECURITY STUDIES (CRSS)<br />

EXPRESS TRIBUNE, DECEMBER 2013


Local bodies elections are vital for the people of <strong>FATA</strong> and will ensure the transfer of<br />

power and real representation of people at the grassroots level. Keeping this in mind,<br />

we should remind the political leadership of promises they have made during election<br />

campaigns to mainstream <strong>FATA</strong> with the rest of Pakistan.<br />

HIDAYAT WAZIR, CHIEF EXECUTIVE OFFICER<br />

FRONTIER ORGANIZATION FOR REFORMS AND TRANSFORMATION (FORT)<br />

MARCH 2014


Article 247 of the Constitution of Pakistan–covering <strong>FATA</strong>–contradicts Article 19-A<br />

which provides all Pakistani citizens the ‘right to have access to information in all<br />

matters of public importance’. Without changing governance paradigms in the tribal<br />

areas to ensure basic human rights, peace and stability in the region cannot be<br />

guaranteed.<br />

MUHAMMAD ZAHOOR, FORMER EXECUTIVE DIRECTOR<br />

CENTRE FOR GOVERNANCE AND PUBLIC ACCOUNTABILITY (CGPA)<br />

COORDINATOR, COALITION ON THE RIGHT TO INFORMATION<br />

DECEMBER 2013, EXPRESS TRIBUNE<br />

61


I demand local body elections in <strong>FATA</strong> and a development package for<br />

the areas to ensure their uplift.<br />

TARIQULLAH, JAMAAT-E-ISLAMI, MEMBER OF THE NATIONAL ASSEMBLY<br />

MARCH 2014, PAKISTAN TODAY<br />

Government should introduce a 21st amendment to the constitution<br />

to bring <strong>FATA</strong> within the jurisdiction of the Peshawar High Court.<br />

SENATOR BABAR AWAN, PAKISTAN PEOPLE’S PARTY<br />

OCTOBER 2013, EXPRESS TRIBUNE<br />

Tribal people cannot get easy justice and basic rights in the presence<br />

of the Frontier Crimes Regulation (FCR). This system needs urgent<br />

reforms. I also urge the government to hold local bodies elections in<br />

<strong>FATA</strong>.<br />

AFTAB AHMED KHAN SHERPAO, CHAIRMAN, QAUMI WATAN PARTY<br />

DECEMBER 2013, DAWN


<strong>FATA</strong> tribesmen are citizens of Pakistan but the government is keeping them deprived<br />

of their fundamental rights. The Frontier Crimes Regulation (FCR) and the absence of<br />

fundamental rights and a proper social justice system in <strong>FATA</strong> have been the main<br />

hurdles for sustainable development and progress in the region.<br />

ALL BAJAUR PARTIES POLITICAL ALLIANCE<br />

DECEMBER 2013, DAWN


Local government elections should be held in Khyber Pakhtunkhwa and the tribal areas<br />

simultaneously so that tribal people could get rid of the Frontier Crimes Regulation<br />

(FCR).<br />

<strong>FATA</strong> LOCAL COUNCIL ASSOCIATION<br />

JULY 2013, THE NATION<br />

65


Tribesmen elect their representatives during elections, but when they face a problem<br />

they consult the court. They need to persuade their representatives to make changes in<br />

the Frontier Crimes Regulation (FCR) and provide justice to these people in need.<br />

JUSTICE QAISER RASHID KHAN, PESHAWAR HIGH COURT<br />

SEPTEMBER 2013, EXPRESS TRIBUNE


Along with the other parts of the country, the PML-N government should conduct local<br />

government elections in <strong>FATA</strong> as it would further strengthen the democratic culture in<br />

the tribal areas. Deprivation of the tribal people from their social, political and<br />

constitutional rights would lead to further conflict and backwardness in the region.<br />

KEMYA KHAN AFRIDI, GENERAL SECRETARY, <strong>FATA</strong> EX-SERVICEMAN SOCIETY<br />

AUGUST 2013, FRONTIER POST<br />

67


We support the endeavours of the <strong>FATA</strong> Committee as <strong>FATA</strong> citizens deserve to enjoy<br />

the same constitutional rights as other Pakistanis. Reforms in the tribal belt will pave<br />

the way for durable peace. Peace in the world and especially the country, is linked with<br />

peace in <strong>FATA</strong>.<br />

DR. MALIK BALOCH, CHIEF MINISTER BALOCHISTAN, NATIONAL PARTY<br />

MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON <strong>FATA</strong> REFORMS<br />

JANUARY 2014, DAWN AND EXPRESS TRIBUNE


<strong>FATA</strong> is part of Pakistan, for all practical purposes. Therefore, not only the writ of the<br />

government should be fully exercised, but also the legal system of courts and the<br />

jurisdiction of the Khyber Pakhtunkhwa High Court and Supreme Court should be<br />

extended and implemented in letter and spirit.<br />

SUPREME COURT BAR ASSOCIATION OF PAKISTAN<br />

EXECUTIVE COMMITTEE, AUGUST 2013


Without peace, development is not possible. Peace in <strong>FATA</strong> can only be achieved<br />

through good governance and rule of law.<br />

RAZA SHAH, EXECUTIVE DIRECTOR<br />

SUSTAINABLE PEACE AND DEVELOPMENT ORGNAIZATION (SPADO)<br />

AUGUST 2013


The residents of <strong>FATA</strong> have been deprived of their basic rights for long enough. The<br />

people have been oppressed and state policy has created a vacuum which is now being<br />

filled by militants. If local government elections are to be held all over the country, why<br />

should they not be held in <strong>FATA</strong> as well<br />

DR. ASHRAF ALI, PRESIDENT, <strong>FATA</strong> RESEARCH CENTRE<br />

FEBRUARY 2014, EXPRESS TRIBUNE


Democracy is the guarantee of equal rights to all humans and it is essential for the<br />

protection of the rights of the common man.<br />

ALL BAJAUR POLITICAL PARTIES ALLIANCE<br />

SEPTEMBER 2013, DAWN


<strong>FATA</strong> is a part of Pakistan and all parts of the country should enjoy the same laws, not<br />

different ones for each area.<br />

SAHIB ZADA, EXECUTIVE DIRECTOR<br />

SOCIAL AWARENESS & DEVELOPMENT ALLIANCE (SADA), MARCH 2014<br />

77


It is imperative to bring <strong>FATA</strong> into the mainstream of the country and eliminate all<br />

remnants of colonial laws and regulations. Justice should prevail where everybody<br />

gets equal treatment and no one is subjected to arbitrary treatment.<br />

SALMAN AFRIDI<br />

CENTRAL SECRETARY LEGAL AFFAIRS, PAKISTAN TEHREEK-E-INSAF, MARCH 2014


I concemn the colonial policy of the state towards <strong>FATA</strong>. I demand legislature, judiciary<br />

and fundamental rights for the <strong>FATA</strong> people.<br />

SENATOR AFRASIAB KHATTAK, APRIL 2014, TWITTER<br />

83


<strong>FATA</strong> has been facing many problems just as it has been the focus of the entire world. It<br />

has been the focus of wars and conspiracies and as a result, <strong>FATA</strong> people have seen<br />

extensive damage and destruction. More than 40,000 people have been killed and 50,000<br />

injured and millions rendered homeless. All powers concerning <strong>FATA</strong> rest with the<br />

President of Pakistan, the Ministry of States and Frontier Regions (SAFRON), the Khyber<br />

Pakhtunkhwa governor and the political administration. As a result, <strong>FATA</strong> parliamentarians<br />

have no effective role.<br />

There is no local government and people’s participation in self governance is almost zero.<br />

There is no writ of the constitution or law and therefore zero accountability. Although<br />

corruption is a problem in all of Pakistan, the blatant lack of change after 65 years and<br />

billions of rupees in <strong>FATA</strong> development funds is noteworthy. Comprehensive<br />

constitutional and legal reforms are needed for the tribal areas so that these gaps can be<br />

filled. We hope that the new government will deliver a reforms package to change the<br />

system for <strong>FATA</strong>.<br />

SAHIBZADA HAROON RASHID, JAMAAT-E-ISLAMI, AMEER <strong>FATA</strong><br />

NATIONAL ASSEMBLY CANDIDATE, NA-43, BAJAUR AGENCY<br />

MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON <strong>FATA</strong> REFORMS<br />

MAY 2013, MASHAAL RADIO


We only demand for the establishment of sustainable and durable peace by using any<br />

means in <strong>FATA</strong> and the rest of the country. We strongly support all efforts taken by<br />

government and other stakeholders for the restoration of peace and an end to the<br />

prolonged militancy. The government should prepare a draft regulation--with<br />

consultation of relevant stakeholders--to properly hold local bodies polls in <strong>FATA</strong>.<br />

MAULANA ABDUL RASHID, FORMER SENATOR, JAMIAT ULEMA-E-ISLAM (F)<br />

MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON <strong>FATA</strong> REFORMS<br />

MEMBER OF THE ALL BAJAUR POLITICAL PARTIES ALLIANCE<br />

BUSINESS RECORDER, OCTOBER 2013


<strong>FATA</strong> is an integral part of Pakistan and tribal people are equal citizens of Pakistan.<br />

However, there is a political and leadership vacuum in the tribal belt which is a bad<br />

omen for the future. The post United States withdrawal era will be more disastrous and<br />

dangerous if the <strong>FATA</strong> political and leadership vacuum is not filled by new leadership<br />

after holding free, fair and transparent elections for local bodies in the tribal region.<br />

ASAD AFRIDI, <strong>FATA</strong> CHAIRMAN, QAUMI WATAN PARTY<br />

MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON <strong>FATA</strong> REFORMS<br />

ALL VOICES, OCTOBER 2013<br />

91


The Constitution of Pakistan provides that the judiciary should be separated from the<br />

executive, but that provision has not been implemented in <strong>FATA</strong> where executive<br />

officers have been performing as judicial officers. Unless the jurisdiction of superior<br />

courts--including the Supreme Court and Peshawar High Court--is extended to tribal<br />

areas, fundamental rights provided in the Constitution can not be enforced.<br />

NOOR ALAM KHAN, ADVOCATE, SUPREME COURT<br />

SEPTEMBER 2013, EXPRESS TRIBUNE


The aspirations of the people of <strong>FATA</strong> are far from being fulfilled.<br />

More than two years after the official enactment of 2011 reforms,<br />

political agents across <strong>FATA</strong> still wield unbridled powers and local<br />

residents are still deprived of their basic human rights. To guarantee<br />

fundamental constitutional rights for <strong>FATA</strong> citizens, urgent action<br />

must be taken to ensure true implementation of the 2011 <strong>FATA</strong><br />

reforms package and the enactment of substantial additional reforms<br />

for the tribal areas.<br />

IBRAHIM SHINWARI, AUGUST 2013<br />

<strong>FATA</strong> has brilliant customs and traditions. We were safe from many<br />

ills over the years due to our bright traditions. In 1901, when the<br />

Frontier Crimes Regulation (FCR) was introduced, things were not as<br />

they are today. The political agent used to sit in his office and Maliks<br />

used to act according to our traditions. But after 1947, successive<br />

governments began appointing political agents and Maliks according<br />

to their own wishes. As a result, now we have “official” Maliks and not<br />

traditional tribal elders.<br />

KHANZADA MOHMAND<br />

FEBRUARY 2014, CENTER FOR RESEARCH & SECURITY STUDIES


Our biggest problem is the Frontier Crimes Regulation (FCR). The President of Pakistan<br />

has made reforms to it and extended the Political Parties Order, but this has not ended our<br />

problems because the article about basic human rights violations has not been changed.<br />

Therefore, the FCR should be abolished completely. It is a big check on our freedom.<br />

We want <strong>FATA</strong> to be brought fully under the constitution. We should be given the rights<br />

enjoyed by other citizens of Pakistan so that we can also go to the courts to secure our<br />

rights.<br />

HAFIZULLAH, PAKISTAN TEHREEK-E-INSAF<br />

NATIONAL ASSEMBLY CANDIDATE, NA-37, KURRAM AGENCY<br />

MAY 2013, MASHAAL RADIO<br />

We do not have fundamental rights, including the right to go before the Supreme Court.<br />

We are between the devil and the deep sea, suffering under the FCR Under amendments,<br />

those arrested cannot be imprisoned for more than one year. Regardless, people are still<br />

being held for longer periods. Political agents act as prosecutors, judges, courts, and<br />

administrators. In <strong>FATA</strong>, all these powers are held by one person.<br />

ABDUL QUDOOS, INDEPENDENT<br />

NATIONAL ASSEMBLY CANDIDATE, NA-42, SOUTH WAZIRISTAN<br />

MAY 2013, MASHAAL RADIO


Reforms in <strong>FATA</strong> are indispensable to securing local, regional and<br />

global peace. We, the inhabitants of <strong>FATA</strong>, request the state of<br />

Pakistan to abolish colonial policies toward <strong>FATA</strong> and extend laws<br />

and the jurisdiction of higher courts.<br />

SAMINA AFRIDI, KHYBER AGENCY, LECTURER<br />

UNIVERSITY OF PESHAWAR, MARCH 2014<br />

Basic poor social indicators regarding the situation of tribal women<br />

provides a strong basis for moving forward the agenda to improve<br />

<strong>FATA</strong> policies and create contextually sensitive opportunities for them<br />

to gradually play a more effective role in society.<br />

MARYAM BIBI, KHWENDO KOR, MARCH 2014


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While stressing the importance of guaranteeing peace in <strong>FATA</strong>, we<br />

stand together to highlight the urgent importance of mainstreaming<br />

and legal reforms for tribal people while also emphasizing the right<br />

of <strong>FATA</strong> citizens to enjoy the same constitutional guarantees and<br />

rights as all Pakistanis.<br />

Local bodies elections must be held in <strong>FATA</strong> like in the rest of the<br />

country. A new amendment should be introduced to change Article<br />

247 of the constitution to provide equal fundamental rights and also<br />

shift legislative powers for <strong>FATA</strong> from the President of Pakistan to<br />

the parliament.<br />

Leaders of our respective political parties are united regarding the<br />

extension of Pakistan Electronic Media Regulatory Authority<br />

(PEMRA) jurisdiction to allow media free access to <strong>FATA</strong>. They also<br />

recommend a strengthened and more independent Jirga system.<br />

The Actions in Aid of Civil Power Regulation should be abolished,<br />

and to eliminate conflict of interest, executive and judicial powers<br />

must be separated in <strong>FATA</strong>.<br />

These recommendations have been unanimously agreed upon<br />

following several all-parties conferences held in 2013, including<br />

the participation of Awami National Party (ANP), Jamaat-e-Islami<br />

(JI), Jamiat Ulema-e-Islam Fazl (JUI-F), Muttahida Quami<br />

Movement (MQM), National Party (NP), Pakistan Muslim League<br />

(PML), Pakistan Muslim League-Nawaz (PML-N), Pakistan<br />

People’s Party (PPP), Pakistan Tehreek-e-Insaf (PTI) and Qaumi<br />

Watan Party (QWP).<br />

We will continue working together to push for these necessary<br />

constitutional and legal amendments. With your support, we will<br />

continue outreach efforts and ensure that all stakeholders are<br />

brought on board to bring about swift enactment and effective<br />

implementation of these reforms for <strong>FATA</strong>.<br />

POLITICAL PARTIES JOINT COMMITTEE ON <strong>FATA</strong> REFORMS<br />

MARCH 2014


105


Political awareness of <strong>FATA</strong> people is increasing in many ways. Radio and newspapers<br />

are accessed by people there and organizations are working. Young people in <strong>FATA</strong> are<br />

ready to launch a movement for their rights. I call on all educated people to analyze the<br />

situation and devise a proper line of action to achieve the desirable results.<br />

ENGINEER TOR GUL CHAMKANI, <strong>FATA</strong> ACTIVIST AND WRITER<br />

JANUARY 2014, CENTER FOR RESEARCH & SECURITY STUDIES


107


Reforms are good because in the past there was a deadlock, but now<br />

we now have some political freedom and political groups are taking<br />

part in elections. Earlier, under the collective responsibility clause of<br />

the Frontier Crimes Regulation (FCR), our tribes were arrested,<br />

including elders. But now, those above 60 and youth below 18 may<br />

not be arrested. Still, permanent implementation of these laws is<br />

lacking.<br />

As the process has now started, we believe the current reforms are not<br />

enough. We should bring more reforms to the FCR to alleviate the<br />

problems caused by this regulation. We also ask that Pakistan’s laws<br />

be implemented in <strong>FATA</strong>, especially those guaranteeing human rights<br />

and basic rights as these are still lacking in <strong>FATA</strong>.<br />

NISAR MOHMAND, MOHMAND AGENCY<br />

MEMBER OF THE <strong>FATA</strong> GRAND ASSEMBLY, MAY 2013, MASHAAL RADIO


AJMAL KHAN WAZIR, PAKISTAN MUSLIM LEAGUE, CENTRAL SENIOR VICE PRESIDENT<br />

MEMBER OF THE POLITICAL PARTIES ON JOINT COMMITTEE ON <strong>FATA</strong> REFORMS<br />

JANURAY 2014, THE NEWS AND FEBRUARY 2014, CAPITAL TV


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I would be in favor enabling parliamentarians from <strong>FATA</strong> to have a<br />

greater role. It would not be difficult to implement as there are<br />

twelve parliamentarians from <strong>FATA</strong> in the lower house and eight in<br />

the upper house. Under the Frontier Crimes Regulation (FCR),<br />

however, the Constitution of Pakistan does not extend fully to <strong>FATA</strong><br />

and no act can be implemented in the region without the prior<br />

permission of the President of Pakistan. Until this hurdle is<br />

removed, the problems of <strong>FATA</strong> cannot be resolved.<br />

SENATOR SALEH SHAH, SOUTH WAZIRISTAN<br />

CHAIRMAN, STANDING COMMITTEE ON STATES AND FRONTIER REGIONS<br />

MARCH 2014, EXPRESS TRIBUNE<br />

We demand the right to legislate for <strong>FATA</strong>. We want a system just as<br />

is in vogue in the settled areas. We also want local bodies based on<br />

merit and democracy. A law for local government elections in <strong>FATA</strong><br />

is an indispensable necessity in the present circumstances and<br />

should be implemented to help resolve our current problems.<br />

HAJI NASIR KHAN AFRIDI<br />

MEMBER OF THE NATIONAL ASSEMBLY OF PAKISTAN, KHYBER AGENCY<br />

JANUARY 2014, CENTER FOR RESEARCH & SECURITY STUDIES


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ENGINEER SHAUKATULLAH KHAN<br />

FORMER KHYBER PAKHTUNKHWA GOVERNOR<br />

JUNE 2013, <strong>FATA</strong> GRAND ASSEMBLY, PESHAWAR


119


121


The Frontier Crimes Regulation (FCR) has left us in darkness.<br />

Lawlessness and war in <strong>FATA</strong> is due to the FCR and the <strong>FATA</strong><br />

restrictions in the Constitution of Pakistan. <strong>FATA</strong> people have no way<br />

to raise their voices against the political administration and <strong>FATA</strong><br />

lawyers are now fighting against this. We demand that the FCR be<br />

abolished and that the High Court and Supreme Court hear our<br />

appeals against the regulation.<br />

TAJ MAHAL AFRIDI, <strong>FATA</strong> LAWYER’S FORUM<br />

NATIONAL ASSEMBLY CANDIDATE, NA-45, KHYBER AGENCY<br />

MAY 2013, MASHAAL RADIO


We need to have equal rights just as all other people who live in the<br />

settled areas of Pakistan, like in Islamabad, Karachi, and Peshawar.<br />

TARIQ KHAN DAWAR, PAKISTAN TEHREEK-E-INSAF<br />

NATIONAL ASSEMBLY CANDIDATE, NA-40, NORTH WAZIRISTAN<br />

MAY 2013, MASHAAL RADIO


We should hold council elections in <strong>FATA</strong> and representatives should be elected on<br />

party basis. Councils should then be authorized to legislate for <strong>FATA</strong> people and the<br />

region. Reforms will provide for all these matters.<br />

SYED AKHUNZADA CHATTAN, PAKISTAN PEOPLE’S PARTY, BAJAUR AGENCY<br />

FORMER MEMBER OF THE NATIONAL ASSEMBLY OF PAKISTAN<br />

MEMBER OF THE POLITICAL PARTIES JOINT COMMITTEE ON <strong>FATA</strong> REFORMS<br />

MAY 2013, MASHAAL RADIO<br />

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PHOTOGRAPHERS<br />

Alimgir Khan<br />

Ammad Ahmed Khan<br />

Azmatullah<br />

Faryal Mohmmand<br />

Faisal Khan<br />

Huma Gul<br />

Irfan Ali<br />

Jebran Yousefzia<br />

Rizwan Bhittani<br />

Rohida<br />

Saba Rehman<br />

Sara Qayum<br />

Seema Gul<br />

Shah Jehan<br />

PUBLISHED BY THE NATIONAL DEMOCRATIC INSTITUTE<br />

WITH THE SUPPORT OF THE BRITISH HIGH COMMISSION IN ISLAMABAD<br />

ISLAMABAD, PAKISTAN<br />

NOVEMBER 2014

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